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THE SENATE |
S.B. NO. |
2066 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to establish a separate, alternative pathway for projects to qualify for the exemptions from certain state laws and rules relating to planning, zoning, and construction, among others. Under this alternative pathway, all units must be set aside exclusively for Hawaii residents who have no majority ownership in other residential properties, are domiciled in the State, and are owner-occupants. While none of the units would have income or price restrictions, all of them would be occupied by qualified residents. Additionally, the Hawaii housing finance and development corporation would have the flexibility to amend income restrictions currently required for housing projects.
SECTION 2. Section 201H-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The corporation may develop on behalf of the
State or with an eligible developer, or may assist under a government
assistance program in the development of, housing projects that shall be exempt
from all statutes, [ordinances,] charter provisions, ordinances,
and rules of any government agency relating to planning, zoning, construction
standards for subdivisions, development and improvement of land, and the
construction of dwelling units thereon; provided that[:] either:
(1) The housing projects meet the following
conditions:
[(1)] (A) The corporation finds the housing
project is consistent with the purpose and intent of this chapter, and meets
minimum requirements of health and safety;
[(2)] (B) The development of the proposed housing
project does not contravene any safety standards, tariffs, or rates and fees
approved by the public utilities commission for public utilities or of the
various boards of water supply authorized under chapter 54;
[(3)] (C) The legislative body of the county in
which the housing project is to be situated [shall have] has
approved the project with or without modifications:
[(A)] (i) The legislative body shall approve,
approve with modification, or disapprove the project by resolution within
forty-five days after the corporation has submitted the preliminary plans and
specifications for the project to the legislative body. If on the forty-sixth day a project is not
disapproved, it shall be deemed approved by the legislative body;
[(B)] (ii) No action shall be prosecuted or
maintained against any county, its officials, or employees on account of
actions taken by them in reviewing, approving, modifying, or disapproving the
plans and specifications; and
[(C)] (iii) The final plans and specifications
for the project shall be deemed approved by the legislative body if the final
plans and specifications do not substantially deviate from the preliminary
plans and specifications. The final
plans and specifications for the project shall constitute the zoning, building,
construction, and subdivision standards for that project. For purposes of sections 501-85 and 502-17,
the executive director of the corporation or the responsible county official
may certify maps and plans of lands connected with the project as having
complied with applicable laws and ordinances relating to consolidation and
subdivision of lands, and the maps and plans shall be accepted for registration
or recordation by the land court and registrar; and
[(4)] (D) The land use commission [shall
approve, approve] has approved, approved with modification, or [disapprove]
disapproved a boundary change within forty-five days after the
corporation has submitted a petition to the commission as provided in section
205‑4. If, on the forty-sixth day,
the petition is not disapproved, it shall be deemed approved by the commission[.];
or
(2) The housing projects:
(A) Meet the conditions of paragraph (1);
(B) May have affordability requirements or
income restrictions, as determined by the corporation; and
(C) For the lifetime of the project, require
one hundred per cent of the units in the project be exclusively for qualified
residents."
SECTION 3. Section 201H-41, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The corporation may accept and approve
housing projects independently initiated by private developers that fully
comply with subsections (a) and (b). The
corporation may review the plans, specifications, districting, and zoning of
the project for the purpose of exempting the project from all statutes,
ordinances, charter provisions, and rules of any government agency relating to
zoning and construction standards for subdivisions, development, and
improvement of land and the construction, improvement, and sale of dwelling
units thereon; provided that the procedures in section [201H-38(a)(1), (2),
and (3)] 201H-38(a)(1)(A), (B), and (C) have been satisfied."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
HHFDC; Housing Development; Planning Exemptions
Description:
Establishes another means for a housing project to seek an exemption from laws and rules of the State that are developed under various programs of the Hawaii Housing Finance and Development Corporation. Effective 7/1/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.